Superior Court of Pennsylvania· 10/14/2009
Commonwealth v. Brown
Citations
- 982 A.2d 1017
- 2009 Pa. Super. 199
- 2009 Pa. Super. LEXIS 3965
- 2009 WL 3286007
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “where a defendant pleads guilty pursuant to a plea agreement specifying particular penalties, the defendant may not seek a discretionary appeal related to those agreed upon penalties”
- concluding that the appellant, who entered a -3- J-S19007-22 negotiated guilty plea that specifically left the maximum term of his sentence to the trial court’s discretion, could challenge the discretionary aspects of that sentence
- stating that an open guilty plea does not preclude a challenge to the discretionary aspects of sentencing
- stating that “where a defendant pleads guilty pursuant to a plea agreement specifying particular penalties, the defendant may not seek a discretionary appeal relating to those agreed-upon penalties.” (citation removed)
- holding -8- J-S36043-21 that a claim that state incarceration was unreasonable because Brown committed a non-violent offense and was not confrontational during court proceedings did not present a substantial question
- stating that if the maximum term is left to the court’s discretion, the appellant “has not waived the right to seek an appeal challenging the sentencing court’s discretion in imposing a maximum term”
Source: CourtListener parenthetical corpus (CC0).
Judges: Melvin, Donohue, Colville
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Cites
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